DIAMOND AGENCIES Vs. MYSORE LAMP WORKS LTD

JUDGEMENT

(1.) Present appeal is filed by original defendants. By the appeal, the defendants impugn an order passed by the learned Single Judge on 9th September, 1997, in Summons for Judgment No.496 of 1996 in Summary Suit No.4837 of 1994, granting leave to defend on defendants depositing within eight weeks from the Order a sum of Rs.1 lac. The only contention which has been raised on behalf of the defendants in order to impugn the Order is that the Bombay Court has no jurisdiction and only the Court at Bangalore will have jurisdiction to try the suit.

(2.) In the plaint, the plaintiffs have specifically averred as under:-

(3.) In the affidavit in reply defendants have not rebutted the aforesaid averments namely that the orders were placed at Bombay, goods were supplied at Bombay, monies have always been paid and are payable by the defendants at Bombay, defendants are in Bombay and the entire cause of action without reservation has arisen in Bombay and this Court has jurisdiction to entertain and try the claim in suit.